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Mobile Application End User License Agreement

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and AFOTPRO LLC d/b/a “Craverr” ("Company" "we," or "us"). This Agreement governs your use of the Craverr application, (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

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BY CLICKING THE "AGREE" BUTTON/[[DOWNLOADING/INSTALLING/USING] THE APPLICATION], YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

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1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

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(a) download, install, and use the Application for your personal, non- commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and

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(b) Access and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

 

2. License Restrictions. You shall not:

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(a)  copy the Application, except as expressly permitted by this license;

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(b)  modify, translate, adapt, or otherwise create derivative works or

improvements, whether or not patentable, of the Application;

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(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

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(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

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(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

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(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;

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(g) infringe any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights, sensitive personal information or rights of publicity or privacy;

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(h)  impersonate any person or entity;

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(i)  stalk, threaten, or otherwise harass any person;

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(j)  violate any law, statute, rule, permit, ordinance or regulation; or

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(k)  discriminate against or harass anyone on the basis of race, national origin,

religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation.

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3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

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4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, including address, telephone number, and payment information, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy located at http://www.craverr.app. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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By entering into this Agreement or using the Application, you agree to receive communications from Company or communications related to the Application at any of the phone numbers provided to Company by you or on your behalf, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Company, its affiliated companies and/or Third-Party Providers (defined below), may include but are not limited to: operational communications concerning your account or use of the Application or Third-Party Products, updates concerning new and existing features on the Application, communications concerning marketing or promotions run by us or our third-party partners, and news concerning industry developments. If you change or deactivate the phone number you

provided to Company, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

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5. Content and Services.

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(a) Website and Content and Services. The Application may provide you with access to Company's website located at http://www.craverr.app (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website or another website owned or controlled by Company (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at http://www.craverr.app, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

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(b) Prohibited Uses.

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You may use the Application only for lawful purposes and in accordance with this Agreement and the Terms of Use. You agree not to use the Application:

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• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

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• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

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• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

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• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

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• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application, or expose them to liability.

Additionally, you agree not to:

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• Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application, including their ability to engage in real time activities through the Application.

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• Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application.

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• Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.

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• Use any device, software, or routine that interferes with the proper working of the Application.

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• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

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• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application.

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• Attack the Application via a denial-of-service attack or a distributed denial-of- service attack.

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• Otherwise attempt to interfere with the proper working of the Application.

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(c) User Contributions.

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The Application may contain message boards, private messaging functionality, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Application.

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All User Contributions must comply with this Agreement and the Terms of Use.

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Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

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You represent and warrant that:

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• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

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• All of your User Contributions do and will comply with this Agreement and the Terms of Use.

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You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

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Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

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(d) Monitoring and Enforcement; Termination.

 

Company has the right to:

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• Remove or refuse to post any User Contributions or Third-Party Materials (defined below) for any or no reason in our sole discretion.

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• Take any action with respect to any User Contribution or Third-Party Materials that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Third-Party Materials violate this Agreement or the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.

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• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

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• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.

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• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of this Agreement or the Terms of Use.

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Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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However, we do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

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(e) Content Standards.

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These content standards apply to any and all User Contributions, Third-Party Materials and use of Interactive Services. User Contributions and Third-Party Materials must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and Third-Party Materials must not:

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• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

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• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

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• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

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• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at http://www.craverr.app.

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• Be likely to deceive any person.

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• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

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• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

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• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

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• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, except strictly as permitted by the services and functionality enabled by proper use of the Application and the Website.

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• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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6. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

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7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

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(a) the Application will automatically download and install all available Updates; or

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(b) you may receive notice of or be prompted to download and install available Updates.

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You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

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8. Third-Party Materials and Products; Pricing.

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(a) The Application may display, include, or make available third-party content (including data, information, lists, instructions, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third- Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

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(b) You further acknowledge and agree that all food, beverages, and all other goods available on the Application, and all ingredients and materials are created entirely by third parties ("Third-Party Products"). Company is not responsible for Third-Party Products, including their contents or labeling, or the nutritional value, decency, quality, or any other aspect thereof. Company is also not responsible for any third-party services (i.e. delivery). Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Products or third-party services. You should be careful to confirm ingredients if you have any allergies or other adverse reactions to any particular foods, liquids, or ingredients.

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(c) Third-Party Providers shall be responsible for compliance with all laws and regulations governing Third-Party Products and services and Third-Party Materials including without limitation, traffic and driving, food and beverage, product liability, and cottage food laws, rules, regulations, and guidelines, and all laws and regulations governing intellectual property, personal data and privacy in all applicable jurisdictions. All Third-Party Products shall be properly labeled and include all necessary ingredients warnings.

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9. Payment. You understand that use of the Application may result in fees to you for purchases of the Third-Party Products and third party services you receive (“Fees”). Company will enable your payment of the applicable Fees for Third-Party Products and services obtained through your use of the Application. Fees will include applicable taxes where required by law. Fees may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges. Further, you acknowledge and agree that Fees applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

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(a) All Fees and payments will be enabled by Company using the preferred payment method designated in your account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may use a secondary payment method in your account, if available. Fees paid by you are final and non-refundable, unless otherwise determined by Company.

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(b) As between you and Company, Company reserves the right to establish or adjust Fees for use of the Application or for the purchase of any or all Third-Party Products or services obtained through the use of the Application at any time. You will be responsible for all Fees incurred under your account. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar Third-Party Products obtained through the use of the Application, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Application applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

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(c) With respect to the providers of Third-Party Products (“Third-Party Providers”), certain Fees are paid directly to the Third-Party Providers, and Company will collect payment of those Fees from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Fees shall be considered the same as payment made directly by you to the Third-Party Provider. There are also certain Fees that will be owed and paid directly to Company or its affiliates. Prices for Third-Party Products displayed through the Application may not be the lowest prices at which the Third-Party Products are otherwise sold.

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(d) If you think a correction should be made to any Fees you incurred, you must let Company know in writing within 30 days after the Fees took place or Company will have no further responsibility and you waive your right to later dispute the amounts charged.

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(e) Third-Party Providers agree to pay to Company (or have set-off against Fees payable to you by Company) an amount equal to 15% of the fees you charge the customer for the sale of your Third-Party Products and services through the Application. Transactions between you and your customers via the Application or the Website will also be subject to a separate service fee charged by Company to the customer.

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10. Representations and Warranties. All Third-Party Providers represent, warrant, and agree that:

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(a) You have all appropriate licenses, approvals and authority to provide the Third-Party Products and the services you offer through the Application in all applicable jurisdictions.

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(b) You own, or have the legal right to the Third-Party Products, any services you provide, and all materials, ingredients, and equipment you use.

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(c) You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing services, provide services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of other users, the community or other third parties.

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(d) You will not attempt to defraud Company or any other users in connection with your provision of Third-Party Products or any services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fees or other payments for the Third-Party Products or services in question and take any other action against you available under the law.

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(e) You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

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(f) You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you (and any other operators) for the operation of the vehicles you use to provide Third-Party Products or any services.

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(g) You will pay all applicable federal, state and local taxes based on your provision of Third-Party Products and services and any payments received by you.

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11. Term and Termination.

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(a) The term of Agreement commences when you [[download/install] the Application/acknowledge your acceptance] and will continue in effect until terminated by you or Company as set forth in this Section 9.

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(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

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(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion, or for any other reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

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(d) Upon termination:

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(i) all rights granted to you under this Agreement will also terminate; and

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(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

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(e) Termination will not limit any of Company's rights or remedies at law or in equity.

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12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

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YOU AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES NOR ITS AND THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD-PARTY PROVIDER OR FOR ANY THIRD-PARTY PRODUCTS OR SERVICES PROVIDED BY ANY THIRD-PARTY PROVIDER. NEITHER COMPANY NOR ITS AFFILIATES NOR ITS AND THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

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13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

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(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

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(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

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THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE MONTHS OUT OF WHICH LIABILITY AROSE.

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THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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14. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (a) your use or misuse of the Application or your breach of this Agreement, including but not limited to the Third-Party Products and services, Third-Party Materials and other content you submit, make available, or receive through the Application; (b) any personal injury or damages arising from or relating to any Third-Party Products or any services or Third-Party Materials provided or received by you through the Application; or (c) your negligence, recklessness, or willful misconduct.

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15. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

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16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect

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17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Orlando, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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18. Entire Agreement. This Agreement, the Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

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19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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